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Criminal Procedure > TEST 2 > Flashcards

TEST 2 Flashcards

1
Q

Alabama v White

A

informant gives detailed tip of white’s actions; LEO observes some actions giving RS that good tip and can search; Tip alone was not good search, but since LEO OBSERVED, SC said good search

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2
Q

Arkansas v Sullivan

A

Dealing with pretextual arrests; Man stopped for speeding; LEO recognized his name as someone associated with drugs; legally arrested Sullivan for the speeding violation which gave him right to do inventory on the car, where he found meth and a hammer (which he said was a weapon). Guilty. Appealed because pretextual stop, but reversed by SC because it was not pretextual- legal arrest due to traffic violation

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3
Q

California v Ciraolo

A

Marijuana found growing in Ciraolo’s yard in a 1000 ft flyover with the use of binoculars; this is a good search because it is in plain view; the use of binoculars is ok, because any typical citizen can get them- not advanced tech; evidence not suppressed

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4
Q

California v Greenwood

A

investigator surveillance on greenwood’s home for drug use; trashman comes to pick up trash, officer inspects trash and finds evid of drugs; she had two search warrants; SC said WAS search but was GOOD search- trash is abandoned property; no objective or subjective expect. of privacy in trash

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5
Q

CA v Hodari

A

2 officers in unmarked car in street clothes w/ police jackets in high crime area; group of teens see LEOs and run; just before tackled, kid throws a crack rock; LEO continues to tackle; attempt to suppress rock for illegal seizure so everything after that seizure should be suppressed; SC says not illegal seizure because not seized until after abandoned

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6
Q

City of Indianapolis v Edmond

A

City wanted to set up a drug interdiction checkpoint; Edmond was stopped and filed lawsuit because it broke 4th amend against unreasonable S&S; S.C. said that looking for drugs is basically the same as searching for crime in general, therefore, without RS/PC, you cannot search.

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7
Q

Florida v Bostick

A

Redefined the definition of free to leave; a reasonable person would not have felt free to leave when LEO boarded bus asking to search their stuff for drugs; Bostick gave permission and LEO found cocaine; SC said no 4th amend violation because there was no seizure

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8
Q

Florida v J.L.

A

Anonymous tip to LEO saying young black male in plaid shirt at bus stop had a gun; 3 black men at bus stop but LEO went to J.L. and found a weapon; motion to suppress because not RS for search; SC said not enough info for RS, suppression granted Anon tip alone is NOT enough for RS

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9
Q

Florida v Royer

A

Royer stopped in airport; LEO takes ticket and ID, keeps it while asking Royer to follow him to private room for questioning etc; Royer did not feel free to leave because LEO had ticket and ID, therefore, unlawful seizure, with only RS

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10
Q

Freeman v State

A

decided that if the sidewalk and driveway are what people use to approach your house, there is no expectation of privacy; if it a private walkway, then yes, there is expectation of privacy

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11
Q

Illinois v Caballes

A

Dealing with plain view doctrine and drug trafficking; routine traffic stop for speeding; K9 goes around car, finds drugs; Caballes says K9 violates 4th; SC said good search because no enhancement of dog’s senses and don’t need RS for K9 walk; NO REASONABLE EXPECTATION OF PRIVACY with contraband

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12
Q

Illinois v Wardlow

A

8 uniformed LEO in 4-car caravan in well known drug trafficking area; see wardlow holding opaque bag sees LEO and runs; pat down, squeezed bag and found gun; SC said LEO had RS to search

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13
Q

Katz v US

A

Doing interstate betting in phone booth; LEO bugged outside the booth; Katz said against 4th right to privacy; THIS CASE SWITCHED FROM TRESPASS TO PRIVACY; Gov lost, but would have won with a warrant

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14
Q

Kyllo v US

A

Thermal imaging used on Kyllo’s house- he had expectation of privacy; society recognized his expectation of privacy; SC said NOT a good search- sanctity of the home

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15
Q

Michigan v Sitz

A

Sobriety checkpoints in interest of public safety; Sitz complained of unreasonable S&S; SC said roadblocks do not violate 4th; safety of society > individual rights

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16
Q

Minnesota v Dickerson

A

Plain feel doctrine; LEO sees Dickerson walk out of known crack house, make eye contact and turns to walk in other direction; LEO does pat down and feels lump in pocket, squeezing more to determine it is crack; SC said BAD SEARCH- did not feel in plain feel during pat down

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17
Q

New York v Class

A

LEO reached in car window to move papers to see VIN#, SC said not an unreasonable search to get VIN

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18
Q

Oliver v US

A

OPEN FIELDS DOCTRINE- society does not recognize any right to privacy in open fields b/c not a setting for intimate activities

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19
Q

Pennsylvania v Mimms

A

LEO CAN order driver out of the car if lawfully stopped the car; don’t need suspicion of criminal activity to order driver OR passenger out; but CANNOT frisk, unless RS to believe he’s armed

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20
Q

Terry v Ohio

A

LEO observes 3 men pacing outside liquor store and believes they are about to rob it; RS to stop and search; SC said it was reasonable b/c he acted on more than a hunch

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21
Q

US v Mendenhall

A

plurality decision- girl walking through airport- DEA stopped and asked for ID and ticket- didn’t have same name; DEA asked to talk to her more, she said yes, frisked and found dope; question over whether she felt free to leave; DEA not req to tell her she doesn’t have to cooperate so NO VIOL of 4th

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22
Q

US v Dunn

A

LEO looked through window of barn and found meth; question over definition of curtilage; SC said it was not a search, so no viol of 4th b/c no expectation of privacy in that barn

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23
Q

US v Jones

A

LEO attached tracking device on car of guy suspected of smuggling drugs; the car w/ bug was in the jurisdiction; bug was put on outside of the time limit of the warrant- it WAS a search with out of date warrant, so it was illegal

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24
Q

US v Drayton

A

Drayton and Brown on bus, LEO board looking for drugs, asked to search bags and person, found “hard spots” on their legs (cocaine taped to their legs); search coercive?; SC said search ok, not coerced, b/c LEO don’t have to tell them right to not cooperate;

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25
Q

US v White

A

Harvey jackson undercover (with wire) had mult. conversation with White; guilt found of drug trafficking; SC said good search because no objective expectation of privacy in conversation with someone;

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26
Q

What is the 4th amendment?

A

protects persons, houses, papers and effects against UNREASONABLE searches and seizures BY THE GOV.

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27
Q

What degree of proof is needed for a warrant?

A

PC

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28
Q

What are the 6 types of special needs searches?

A
  1. custody related
  2. inventory searches
  3. employee testing
  4. locker search
  5. sobriety checkpoints/vehicle safety check
  6. Airport/boarder control
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29
Q

What is a custody related search?

A

TERRY SEARCH; pat down looking for weapons for officer safety

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30
Q

What is an inventory search?

A

search of everything you brought in after arrest, life a brief case or car

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31
Q

T/F: Students can be inventories

A

TRUE

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32
Q

What is employee testing>?

A

drug testing; random event based, like if LEO comes in to work under influence

33
Q

What is special about the 6 types of special searches?

A

DON’T NEED WARRANT OR PC to carry out

34
Q

T/F: There is a constitutional right protecting people against intrusion by individuals

A

FALSE

35
Q

What is the only purpose for pat down

A

Looking for WEAPONS- OFFICER SAFETY

36
Q

What are the 3 questions asked about violation of the 4th?

A
  1. was it a search/seizure?
  2. was it unreasonable?
  3. Can the evidence be suppressed?
37
Q

What is the presumption of regularity?

A

Presumption that what the gov does is reasonable /correct; it is on the Defense to prove that it was not lawful

38
Q

What is the trespass doctrine?

A

searches of persons, houses, papers and effects; include touching the person, looking in pockets, taking blood samples or extracting bullets; physical intrusion

39
Q

What is a search?

A

physical intrusion into a contitutionally protected area

40
Q

What is a subjective expectation of privacy?

A

person’s own expectation of privacy

41
Q

What is an objective expectation of privacy?

A

Society view of person’s right/expectation of privacy

42
Q

What case overturned the trespass doctrine in favor or the privacy doctrine?

A

KATZ v US

43
Q

What is the Plain View Doctrine?

A

plain view is NOT a search!; anything you van sense w/ 5 senses

44
Q

What are the 3 requirements of the plain view doctrine?

A
  1. officer has to be LAWFULLY present
  2. has to be found WITHOUT any technology
  3. It is Inadvertent- didn’t go in looking for it
45
Q

What people might you have an objective expectation of privacy with?

A

Spouse, lawyer, doctor, minister, therapist etc…

46
Q

T/F: There is reasonable expectation of privacy, even with contraband?

A

FALSE

47
Q

What are the 3 unprotected things, in which you have no expectation of privacy?

A
  1. open fields
  2. public places
  3. abandoned property
48
Q

What is an open field

A

anything outside your curtilage ;

49
Q

How is curtilage defined?

A
  1. distance from house
  2. presence or absence of fence
  3. what is the area being used for?
  4. measures taken to protect from public view
50
Q

What case defined curtilage

A

US v Dunn

51
Q

What is a public place

A

bank records, handwriting, or voice, or luggage in an airport, or car in a parking lot, or phone call

52
Q

What is abandoned property?

A

2 parts:

  1. mental- did they intend to do away with it?
  2. physical- actual act of disposing of the item
53
Q

What determines whether there was intention behind abandoned property?

A

Totality of circumstances

54
Q

What are the 3 parts to totality of circumstances?

A
  1. intent to abandon
  2. actus reus
  3. determination of reasoable expect. of privacy of things seized by gov
55
Q

Who has the burden of proof to show that the thing was abandoned?

A

State

56
Q

What is the difference between detention and seizure?

A

Detention is temporary and needs RS (arrest needs PC); while seizure is more permanent needing a warrant or exigent circumstances

57
Q

What are the two things that indicate that you are not free to leave?

A
  1. physical application of force

2. your submission to a show of force

58
Q

What are the 3 encounters of stop and frisk?

A
  1. voluntary (4th amend does not apply)
  2. stops (req. RS, 4th amend applies)
  3. Arrest (req, PC, 4th amend applies)
59
Q

What is a stop?

A

Req, RS; brief detention to allow LEO to freeze the situation

60
Q

What is a frisk?

A

physical touching; pat down lightly over outer clothing only for officer safety (for weapons);

61
Q

T/F: there are more stops and frisks than arrests?

A

TRUE

62
Q

What are the elements to discerning b/w stop/frisks and search?

A
  1. reasonableness- applies to ALL searches and seizures; right of people to be secure in PPHE
  2. Warrant Clause- applies to only warrant searches or arrests; PC needed; only applies to situations where LEOs acquire warrant
63
Q

What are the 4 types of articulable facts?

A
  1. Direct info
  2. hearsay
  3. race
  4. profiles
64
Q

What is direct info?

A

officer physically saw the act

65
Q

What is hearsay?

A

anonymous tip (w/ extra facts) or reliable info; indirectly gathered info

66
Q

What is race?

A

can’t be the only face, must have more info to make RS

67
Q

What are profiles?

A

need more info as well to make RS

68
Q

What is reasonable suspicion?

A

totality of facts and circumstances that lead an officer to believe crime is about to happen

69
Q

What are 2 sources for RS?

A
  1. Direct info

2. hearsay

70
Q

What is a furtive movement?

A

secretive/suspicious action

71
Q

What are the needs for a reasonable stop?

A
  1. proper purpose- suspicious activity/people
  2. objective basis- RS by facts and circumstances
  3. scope of the stop- duration; how invasive (no more than necessary)
72
Q

What are the needs for a reasonable frisk?

A
  1. prior legal stop- valid reason
  2. proper purpose- officer safety
  3. objective basis- facts and circumstances, leading LEO to believe that based on training and experience, they might be armed
73
Q

T/F: Frisk looks for both weapons and contraband

A

FALSE- ONLY WEAPONS

74
Q

What is a search incident to arrest?

A

search that leads to an arrest

75
Q

T/F: Anonymous tip alone is enough for RS

A

FALSE

76
Q

T/F: You may use race/ethnicity as part of the totality of circumstances

A

TRUE- it just cant be the only factors

ex: BOLO says black male driving volvo- you can pull over volvo because driver is black

77
Q

T/F: Profiling is legal

A

TRUE

78
Q

What does et. al. mean?

A

And others

79
Q

T/F: all crimes justify automatic right to frisk

A

FALSE: trafficking small amounts of drugs or teenager drinking a beer- small crimes do not lead LEO automatically to believe they are armed

Criminal Procedure (4 decks)

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